Conditions of Sale

Please read these terms of use carefully before ordering any
Products from our website www.pearsoned.co.nz ("our site"). You
should print a copy of these terms and conditions for future
reference.

This page (together with the documents referred to on it) tells
you the terms and conditions on which we supply any products
("Products") to you. You should understand that by using our site
or ordering any of our Products, you agree to be bound by these
terms and conditions. If you refuse to accept these terms and
conditions, you must not order any Products from us or our
site.

1. INFORMATION ABOUT US

Our site is operated by Pearson New Zealand Limited ("us" or
"we"). We are registered in Auckland, New Zealand under Company
Number 85621and our registered office is at 67 Apollo Drive,
Rosedale, Auckland, 0632, New Zealand.

2. SERVICE AVAILABILITY

We will take reasonable efforts to ensure that availability of
oursite will be uninterrupted and that transmissions will be
error-free. However, due to the nature of the Internet, this cannot
be guaranteed. Also, your access to our site may also be
occasionally suspended or restricted to allow for repairs,
maintenance, or the introduction of new facilities or services.

3. YOUR ACCOUNT

If you use our site, you are responsible for maintaining the
confidentiality of your password and/or account and for restricting
access to your computer to prevent unauthorised access to your
account. You agree to accept responsibility for all activities that
occur under your account or password. You should take all necessary
steps to ensure that the password is kept confidential and secure
and should immediately inform us if there is any reason to suspect
that your password has been compromised, or if the password is
being, or is likely to be, used in an unauthorised manner. Please
ensure that the details you provide us with are correct and
complete and inform us immediately of any changes to the
information that you provided when registering. We reserve the
right to refuse access to our site, terminate accounts, remove or
edit content, or cancel orders at our sole discretion. If we cancel
an order, it will be without charge to you.

4. YOUR STATUS

By placing an order through our site, you warrant that: (a) you
are legally capable of entering into binding contracts; and (b) you
are at least 18 years old; we do not sell products for purchase by
children. We sell children's products for purchase by adults. If
you are under 18, you may use our site only with the supervision of
a parent or responsible guardian.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 Your order constitutes an offer to us to buy a Product. All
orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail that confirms that we
have accepted your order (the "Order Confirmation"). The contract
between us and you ("Contract") will only be formed when we send
you the Order Confirmation.

5.2 We reserve the right to cancel orders that we believe to be
fraudulent or constitute a misuse of a promotional or marketing
activity or where an error has occurred including but not limited
to errors relating to pricing.

6. OUR STATUS

6.1 Please note that in some cases, we accept orders as agents
on behalf of third party sellers. The resulting legal contract is
between you and that third party seller, and is subject to the
terms and conditions of that third party seller, which they will
advise you of directly. You should carefully review their terms and
conditions applying to the transaction.

6.2 We may also provide links on our site to the websites of other
companies, whether affiliated with us or not. We cannot give any
undertakingor warranty that products you purchase from third party
sellers through our site, or from companies whose website we have
provided a link to on our site, will be of satisfactory quality,
and any such undertaking or warrantis DISCLAIMED by us absolutely.
This DISCLAIMER does not affect your statutory rights against the
third party seller. We will notify you when a third party is
involved in a transaction, and we may disclose your customer
information related to that transaction to the third party
seller.

7. INTELLECTUAL PROPERTY RIGHTS

The content on our site is the property of Pearson New Zealand
Limited, its affiliates or its content suppliers and is protected
by local and international laws including copyright, authors'
rights and database right laws. The compilation of all content on
this website is exclusive property of ours and our affiliates. You
may not (whether systematically or otherwise) extract and/or
re-utilise the content(or any part thereof) on our site without our
prior written consent. Without limiting the foregoing, you may not
utilise any data mining tools, robots, or similar data gathering
and extraction tools to extract (whether once or many times) for
re-utilisation any part of our site, without our prior written
consent. Our site and its URL, Pearson, Pearson Expect More,the
Pearson logo and other marks used on our site are trademarks or
registered trademarks of Pearson Plc or its subsidiaries
(collectively "Pearson"). Pearson's trademarks and trade dress may
not be used in connection with any product or service that is not
Pearson's, in any manner that is likely to cause confusion or in
any manner that disparages or discredits Pearson. All other
trademarks not owned by Pearson that appear on our site are the
property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Pearson.

8. AVAILABILITY AND DELIVERY

We will endeavour to deliver your Products within the delivery
times as set out in the Order Confirmation or, if no delivery date
is specified, then within a reasonable periodfrom the date of the
Order Confirmation, unless there are exceptional circumstances. If
a product is found to be incorrectly addressed by us, we will be
responsible for the re-delivery or replacement of the product or
refund of your payment for the product. If you have given an
incorrect or insufficient address, we will not give a refundof your
payment for the product, but will re-deliver or replacethe product
provided that all costs associated with, and responsibility for,
correcting the delivery will be borne by you.

9. RISK AND TITLE

9.1 The Products will be at your risk from the time of delivery
to you.

9.2 Title and ownership of the Products will only pass to you when
we receive full payment of all sums due in relationto the Products,
including delivery charges.

10. PRICE AND PAYMENT

10.1 The price of any Products will be as quoted on our site
from time to time, except in cases of error.

10.2 These prices include GST but exclude delivery costs, which
will be added to the total amount due as indicated or as set
calculated by our shipping calculator.

10.3 Prices are liable to change at any time, but changes will not
affect orders in respect of which we have already sent you an Order
Confirmation.

10.4 Our site contains a large number of Products and it is
possible that, despite our reasonable efforts, some of the Products
listed on our site may be incorrectly priced. We usually verify
prices as part of our despatch procedures, and where a Product's
correct price is less than the stated price on our site, we will
charge the lower amount when dispatching the Product to you. If a
Product's correct price is higher than the price stated on our
site, we will , at our discretion, either contact you for
instructions before dispatching the Product, or reject your order
and notify you of such rejection.

10.5 We are under no obligation to provide the Product to you at
the incorrect (lower) price, even after we have sent you an Order
Confirmation, if the pricing error is obvious and unmistakeable and
could have reasonably been recognised by you as a
mis-pricing.

10.6 Payment for all Products must be by credit card. We accept
payment with Visa or MasterCard. We will not charge your credit
card until we despatch your order.

11. OUR REFUNDS POLICY

11.1 You can return a Product in its original condition within
30 days of purchase for a full refund (less delivery charge) by
requesting a Returns Authorisation Number from Customer Service.
When you return a Product to us, we will examine the returned
Product and will process the refund due to you as soon as possible
and, in any case, within 30 days from the day you returned the
product. Digital products, including ebooks and access
codes, and software cannot be returned.

11.2 We will usually refund any money received from you using the
same method originally used by you to pay for your purchase.

12. OUR LIABILITY

12.1 To the maximum extent permitted by law and save for the
express written terms in these terms and conditions, all express or
implied terms, conditions, warranties, statements, assurances and
representations in relation to the Products orthese terms and
conditions are expressly excluded. If any of the exclusions or
limitations set out in this clause are declared illegal or void or
if there has been a breach of any term, condition, warranty,
statement or assurance which cannot be excluded by this Agreement,
then, to the fullest extent permitted by law, our entire liability
and your exclusive remedy is limited to, at our sole discretion,
the replacement of the Products or the supply of equivalent
Products.

12.2 To the maximum extent permitted by law, our liability for
losses you suffer as a result of us breaching these terms and
conditions is strictly limited to the purchase price of the Product
you purchased and any losses which are a foreseeable consequence of
that breach. Losses are foreseeable where they could be
contemplated by you and us at the time that your order is accepted
by us.

12.3 We are not responsible for indirect or consequential losses
(even if we are aware of the possibility of such loss or if such
loss was otherwise foreseeable) howsoever caused and on any theory
of liability, including without limitation, contract or tort
(including negligence), arising during, as a result of, or in
connection withany Contract between us and you, including
performance or non-performance of our obligations pursuant to any
such Contract.Such indirect or consequential losses include but are
not limited to: (a) loss of income or revenue (b) loss of business
or business interruption (c) loss of profits or contracts (d) loss
of anticipated savings (e) loss of, or harm to, data (f) loss of,or
harm to, reputation, (g) waste of management or office time or (h)
loss of opportunity,provided that this clause 12.3 shall not
prevent claims for direct loss or damage in respect of the Product
that fall within the terms of clause 12.1 or any other claims for
direct loss.

12.4 Where you buy any Product from a third party seller through
our site, that third party seller's liability will be pursuant to
that third party seller's terms and conditions (if any).

13. WRITTEN COMMUNICATIONS

There may be applicable laws that require some of the
information or communications we send to you to be in writing. In
relation to your use of our site, or transactions with us (whether
or not through our site), you accept that communication with us may
be mainly electronic. We may contact you by e-mail or provide you
with information by posting notices on our site. For contractual
purposes, you agree to such electronic means of communication and
you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with
any legal requirement that such communications be in writing. This
does not affect your statutory rights.

14. NOTICES

All notices given by you to us must be given to Pearson New
Zealand Limited at 67 Apollo Drive, Rosedale, Auckland, 0632, New
Zealand. We may give notice to you at either the e-mail or postal
address you provide to us when placing an order, or in any of the
ways referred to in clause 13 above. Notice will be deemed received
and properly served immediately when posted on our site, 24 hours
after an e-mail is sent, or three days after the date of posting of
any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was
properly addressed, stamped and placed in the post and, in the case
of an e-mail, that such e-mail was sent to the specified e-mail
address of the addresseeand the sender received a delivery
confirmation that such e-mail was sent. For contractual purposes,
you agree to receive communications from us electronically and you
agree that all agreements, notices, information, disclosures and
other communications that we provide to you electronically satisfy
any legal requirement that such communications be in writing. This
does not affect your statutory rights.

15. TRANSFER OF RIGHTS OR OBLIGATIONS

15.1 The Contract between you and us is binding on you and us
and on our respective successors and permitted assigns.

15.2 You may not transfer, assign, charge or otherwise dispose of
a Contract, or any of your rights or obligations pursuant to it,
without our prior written consent.

15.3 We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations pursuant
to it, at any time during the term of the Contract.

16. EVENTS OUTSIDE OUR CONTROL

16.1 We will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations under a
Contract that is caused by any event outside our reasonable control
('Force Majeure Event').

16.2 A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes
(without limitation) the following: (a) strike, lock-out or other
industrial action; (b) civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not)
or threat of, or preparation for, war; (c) fire, explosion, storm,
flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of use of railways, shipping, aircraft, motor
transport or other means of public or private transport; (e)
impossibility of use of public or private telecommunications
networks; and (f) an act, a decree, legislation, regulation or
restrictionby any government.

16.3 Our performance under any Contract is deemed to be suspended
for the period of the Force Majeure Event, and we will have an
extension of time for performance being the duration of that
period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our
obligations under the Contract may be performed despite the Force
Majeure Event.

17. WAIVER

17.1 If we fail, at any time during the term of a Contract, to
insist upon strict performance of any of your obligations under the
Contract or any of these terms and conditions, or if we fail to
exercise any of the rights or remedies to which we are entitled
under the Contract, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with
such obligations.

17.2 A waiver by us of any default or breach of any of these terms
or conditionsshall not constitute a waiver of any subsequent
default or breach of that term or condition or any default or
breach of any other term or condition.

17.3 No waiver by us of any of these terms and conditions shall be
effective unless it is expressly stated to be a waiver and is
communicated to you in writing.

18. SEVERABILITY

If any of these terms and Conditions or any of the provisions of
a Contract is determined by any competent authority to be void,
invalid, unlawful or unenforceable to any extent, such term,
condition or provision will to that extent be severed from the
other terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.

19. ENTIRE AGREEMENT

19.1 These terms and conditions and any document expressly
referred to in them represent the entire agreement between us and
you in relation to the subject matter of any Contract and supersede
any prior agreement, understanding or arrangement between us and
you, whether oral or in writing.

19.2 Each of us and you acknowledge that, in entering into a
Contract, neither of us or you has relied on any representation,
undertaking or promise given by the other or implied from anything
said or written in negotiations between us and you prior to such
Contract except as expressly stated in these terms and
conditions.

19.3 We rely upon these terms and conditions and any document
expressly referred to in them in relation to the subject matter of
any Contract. These terms and conditions and theprovisions of any
document expressly referred to in these terms and conditionsmay
only be varied in writing signed by duly authorised officers of
each of us and you.

20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

20.1 We have the right to revise and amend these terms and
conditions from time to time for any reason at our sole discretion
including, without limitation,changes in market conditions
affecting our business, changes in technology, changes in payment
methods, changes in relevant legislationor regulation and changes
in our system's capabilities.

20.2 You will be subject to our policies and these terms and
conditions in force at the time that you order anyProduct from us,
unless any change to those policies or those terms and conditions
is required to be made, and applied to that order and any related
Contract, by law or governmental authority (in which case those
policies or those terms and conditions so changed will apply to
that order and any such related Contract accordingly).If we notify
you of such change to those policies or those terms and conditions
seven working days before we send you the Order Confirmation,you
agree that you would be deemed to have accepted that change, unless
you notify us to the contrary before the end of seven working days
from the date of receiptby you of the Product).

21. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any
dispute or claim arising out of or in connection with them or their
subject matter or formation (including non-contractual disputes or
claims) will be governed by the law of Auckland, New Zealand, and
the parties irrevocably submit to the non-exclusive jurisdiction of
the courts of Auckland, New Zealand.